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3.2. IIy the terms of that Agreement, Subsequent Uwner(s) nnd/or his/her (their) heir(s), successor(s), legal
<br /> representntive(s),nnd assign(s)shall:
<br /> 3.2.1. Provide, design, conswct, erect, mainmin, repuir,rebuild, or improve such strucwre(s),building(s),
<br /> bartiers(s), or dwelling(s) as is rcasonably neccssary ro prevcnt, control or avoid damage from the adverse impacts
<br /> from soils movement within or adjacent to the Property, whether caused by Owner(s), his/her (their) heir(s),
<br /> successor(s), legal re�resentative(s), and essign(s), or othenvise, for the continued use and enjoyment of the
<br /> Property;
<br /> 3.2.2. Assumc the sole burden und responsibility to obtain, fund and ensure any design, approval,
<br /> authorization, materinl, supplies, labor, services, muintennnce, repairs, swctural alterations, insurance, taxes, or
<br /> nssessments necessary or rcquired to prevent, control or avoid damagc from the advcrse impacts from soils
<br /> movement within or adjacent to the Property;nnd
<br /> 31.3. Release and waive any right to nssert any claim or cause of action related to any loss or damage to
<br /> people or property either on or oll the Property resulting from soils movement by reason of or nrising out of
<br /> issuance of the Permit(s)by the City for development on the Property and agcecs to indemnify(including roasonable
<br /> attomcy's fces)and hold the City, its ot7icers,employees and agents hnrmless from any cleim(s)or cnuses of action
<br /> relnted lo any Ioss or damage to pcople or property either on or off the Property resulting from soils movement by
<br /> reason of or arising out c f issuencc of the Vermit(s) (or devclopment on qie Property; Provided,nothing herein shall
<br /> require the Subsequent Owner(s) and his/her (their) heir(s), successor(s), Iegal representative(s) and assign(s) to
<br /> indemnify and hold harmlcss Ihe City, its oflicers, agents and cmployees Gom claims or cnuses of action caused
<br /> solely by the negligencc of the City, its o�cer, employces and agents, and providcd further, that if Ihe claims or
<br /> causes of action are causrd by or result from the conwrrcnt negligence of(1) Ihe O�mer(s), his/her(their) heirs,
<br /> successors, assigns, and agents, and (2) d�e City, its o(ficer, agents and employecs, the indemniry provisions
<br /> provided hercin shall be valid and enforecable only to the extcnt provided by law.
<br /> SecHon Four: Reservations, Restrictions, and Covenants
<br /> The undersigned declare that the Property is held and shnll be conveycd subject to the reservations, restrictions,and
<br /> covcnants set (orth in this Declaration and in thc Agrecment.
<br /> Section Five: Misc. Ceneral Provisions
<br /> 5.1. The covenants, agrecments, nnd restrictions wntained herein are intended to bc restrictive covenants and not
<br /> conditions, that shnll nm with the af(ectcd Property, thot shall extend to and be binding upon the undersiened and
<br /> his/hcr (their) heir(s), agent(s), assign(s), Icgal representativc(s), nnd successor(s) in interest, and that shall be
<br /> contained in any futurc titic report applicable to the Property.
<br /> 5.2. Thc covenants, rgrcements, and restrictions contained herein shall enhance aud protect the valuc,
<br /> attrnctiveness,utility,enjoymcnt,occupation,development,use,and dcsirability o(tlic Property.
<br /> 5.3. It is expressly understood and agreed that invalidation of any covenant contained in this document, or any
<br /> portion ofsuc6 covennnt, by judgment ar court order shall in no way atTect any o£the other provisions, which shall
<br /> remain in Cull farce and cffect.
<br /> DATED TIIIS�DAP Or�,200�
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